TaxTMI 
TaxTMI 
TaxTMI 
2021 (10) TMI 741
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....law, in dismissing the appeal of the assessee, vide order u/s 250 dated 28.07.2021, against the assessment framed by the AO vide assessment order u/s 143(3) dated 26.12.2019 without providing proper opportunity of hearing. 2. That the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Center, erred on facts and law, in dismissing the appeal of the assessee against the assessment framed by the AO vide assessment order u/s 143(3) dated 26.12.2019 because of the following reasons:- i) The assessee requested for adjournment vide letters dated 01.02.2021, 17.03.2021, 22.04.2021 & 27.05.2021 because the lockdown on account of Covid-19 was imposed in the State of Punjab w.e.f. 1st of May, 2021 which continued up....
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....by the Ld. CIT(A) vide order, dated 28.07.2021 deserves to be quashed. 4. Without prejudice to above grounds of appeals, it is submitted that the disallowance of claim u/s 54B to the tune of Rs. 88,56,443/- as confirmed by the Ld. CIT(A) is against the factual facts and circumstances of the case and, thus, restricting the deduction only to the tune of Rs. 21,81,818/- by the Assessing Officer and as confirmed by the CIT(A) is not proper. 5. That the Appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard or disposed-off." 2. At the outset, the Ld. counsel for the assessee has invited our attention to the impugned order and contended that the Ld. CIT(A) has passed this order exparte qua the assesse....
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....ab upto 15.05.2021 w.e.f. 30.04.2021 and the professionals were allowed to work from home only and the kind attention of the CIT(Appeals) was drawn to the Suo moto order of the Hon'ble Supreme Court dated 27.04.2021 in which the dates were extended till further orders. iii. That the Central Board of Direct Taxes vide its clarification dated 25.05.2021 has extended the limitation for counting the period of limitation for filing the appeal before the Commissioner of Income Tax (Appeals) till further order by the Hon'ble Supreme Court. iv. That the new Income Tax Portal was launched w.e.f. 01.06.2021 and it was not operational till 15.07.2021 and the assessee was asked to give response upto 21.07.2021 in new Income Tax Portal vide notice u....
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....y the assessee in property and (iv) Sale consideration shown lesser in the ITR than reported by the Sub-Registrar. Accordingly, notices u/s.143(2) and 142(1) along with questionnaire of the I.T. Act, 1961 were issued and duly served and complied with. The assessment was completed by computing the Long Term Capital Gain on transfer of land works out to Rs. 95,50,100/- as against declared by the assessee at Rs. 6,93,657/- and also restricting the exemption u/s.54B at Rs. 21,81,818/- as against claimed by the assessee at Rs. 1,09,78,687/-. 4. The ld. CIT(A) while confirming the additions observed as under: "5.0. The only issue in this case is whether the claim of deduction u/s 54B is allowable or not. The submitted in the statement of facts....
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....be under cultivation for the last two previous years to claim the deduction. In the case of the assessee, the AO had verified whether the assessee's claim of deduction u/s 54B of the I T was in accordance with the provisions laid under this section. Further, the AO had gathered the information of cultivation of land from the concerned authorities and verified in accordance with the provisions of section 54B of the Act. The AO had proved that the assessee had not fulfilled the conditions specified in the provisions of section 54B of the Act to claim the deduction. However, the appellant had not submitted any material against the assessment order and raising the objection in respect of disallowing the deduction u/s 54B of the Act. Therefore, ....